asked the Minister for Justice if he is aware that in cases where Dublin local authority tenants have the costs of their eviction awarded against them in the Courts there has been a recent striking rise in the amount of such costs; and if he will state the reasons for this sudden rise in costs.
Ceisteanna—Questions. Oral Answers. - Costs of Evicted Tenants.
35.
From inquiries which I have made, I understand that the amounts of costs awarded in the circuit and district courts in eviction proceedings instituted by the Dublin Corporation have remained at the same level for a number of years, and that there has been no general rise in recent times.
Is the Minister not aware that in the Finglas area, where the cost was 10/-, it has now been increased to £2 2/-?
That is not correct. The majority of the cases which the Deputy has in mind are cases in the district court. These cases are of two kinds—one is the type of case taken under the Housing of the Working Classes Acts and the other is the type of case taken under the Small Dwellings (Acquisition) Acts. The costs in the former are usually 10/-, though occasionally they may go up to £1 1/- or £2 2/-.
And four guineas.
I am coming to that. There was one exceptional case recently which was adjourned in the district court on 39 successive occasions. In that case, the law agent for the Corporation asked for costs which would take account of this factor, and he was allowed £4 4/-. That was an exceptional case. The normal cost is 10/-; though occasionally it may be £1 1/- or £2 2/-.
Is the Minister not aware that the last batch of Corporation tenants who appeared in court had costs charged at the rate of £2 2/-? Is the Minister also aware that it was the same district justice who fixed these costs, the district justice about whom the people of Finglas had to complain because of his references to their behaviour? Is this his way of getting his own back?
I do not think the Minister is right in what he says. I have dealt with thousands of these cases. The cost is 10/- to only a few. It is not a question of costs; it is a penal matter. If the tenants have been before the court before, they are charged £3, £4 or £5. It has nothing to do with actual costs.
Could the Minister fix the costs at a firm figure of 10/-?
The costs are determined by the court, having regard to the circumstances of each particular case. I have made the most careful inquiries and I have been assured that the normal costs awarded in these cases to the Dublin Corporation are 10/-.
First timers.
On occasion, they may be £1 1s. or £2 2s., depending on the circumstances of the case. In the normal run-of-the-mill cases, the costs are 10/-.
Would the Minister undertake to ascertain how the costs awarded in the case of tenants in Finglas compare with those awarded in the case of tenants in other areas?
Costs are not determined by the area to which the case relates; they are determined by the circumstances of the case itself.
Would the Minister ascertain if there is any variation? I state there is a variation between one area and the other.
In view of the very serious allegations made here by Deputy Sherwin—I have no doubt he has good grounds—that this practice is being operated in a penal manner——
Suggestions of that kind should never have been made.
——as if the tenant were some kind of criminal——
Suggestions of that kind should not be made.
I have already indicated that I reject any such imputation. I have told the House that in one case in which there was an adjournment on 39 successive occasions costs of £4 4s. were awarded.
That statement is not true. I have been dealing with these cases for seven years and I know what I am talking about; it depends on whether or not you were up before, and on nothing else.
It does not.
(Interruptions.)
Order.